§ 25-10,103.Verdict for defendant; further findings required; damages.
Article 10: Attachment, Garnishment, Injunctions, Receivers, and Replevin · Not amended since original codification · Last verified July 22, 2026
In one sentenceThis section requires that whenever a jury finds for the defendant in a case where the plaintiff already received the property, the jury also decide whether the defendant had full ownership or only a right to possess it, and assess damages accordingly for a judgment in the defendant’s favor.
Full Text of § 25-10,103
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In all cases, when the property has been delivered to the plaintiff, where the jury shall find upon issue joined for the defendant, they shall also find whether the defendant had the right of property or the right of possession only, at the commencement of the suit; and if they find either in his favor, they shall assess
such damages as they think right and proper for the defendant; for which with costs of suit, the court shall render judgment for the defendant.
This section picks up where a case goes to trial and the jury sides with the defendant on the merits, after the property has already been handed to the plaintiff. A bare verdict for the defendant is not enough on its own. The jury also has to make a further finding: did the defendant have the full right of property at the start of the suit, or only the right of possession?
That distinction matters because it feeds directly into the damages the defendant recovers. Whichever way the jury finds — full ownership or possession only — the jury assesses damages it considers right and proper for the defendant, and the court enters judgment for the defendant on that basis, along with costs of the suit.
Frequently Asked Questions
When does this section’s additional finding requirement apply?
When the property was already delivered to the plaintiff and the jury, on the issues joined for trial, finds in favor of the defendant.
What extra question must the jury answer beyond who wins?
Whether the defendant had the right of property or only the right of possession at the time the suit began.
Does it matter which of those two the jury finds?
The jury assesses damages under either finding, so the defendant recovers damages whether the jury finds full ownership or just a right to possess the property.
What does the defendant receive once the jury makes these findings?
A judgment for damages plus costs of suit.
How does this section differ from § 25-10,102?
This section applies when the case is tried and the jury decides the issues; § 25-10,102 applies when the plaintiff dismisses or abandons the case before it reaches that point.
Source & verification. Section text and the amendment-history citation are
reproduced verbatim from the Nebraska Legislature, Revisor of Statutes, enacted by the
Nebraska Legislature. Last verified July 22, 2026. ·
Official source
Also known as:jury verdict for defendant replevin nebraskaright of property vs right of possessiondefendant damages replevin verdictjury findings replevin trial